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Newberg council approves development-code amendments after public concerns about ADA language
Summary
The council approved two code-maintenance ordinances that remove an explicit ADA reference from a zoning provision and clarify sidewalk grade procedures after staff said ADA implementation is enforced through building and engineering standards; public commenters warned removing local ADA text could weaken local accountability.
The Newberg City Council on Nov. 17 adopted two development-code maintenance ordinances, including edits that remove an explicit reference to the Americans with Disabilities Act from a zoning provision and add an editorial note directing readers to building-code and engineering standards for accessibility.
City Community Development Director Scott Siegel told the council the change is intended to avoid conflicting requirements between zoning and building-code review. "Rather than trying to repeat or have a redundant set of standards in the development code, we thought for efficiency and clarity in the regulations that we not try to regulate ADA in the development code, but instead rely upon those professional plans review plan reviewers that do their jobs in the building code and the public improvement standards," Siegel said.
The amendment package included 27 corrections and 8 minor policy updates staff described as needed to comply with state law and improve customer service. The council approved Ordinance 2025-29-40 (Title 15 amendments) and Ordinance 2025-29-41 (Title 12 streets and sidewalks procedures) by roll-call votes that were recorded as unanimous.
Members of the public raised concerns at both the public-comment period and the hearing. Tina Cassille (statement read for her) said she followed the city's public-comment rules but had to request an ADA accommodation to have her words read, describing childcare and ERDC limits that kept her from speaking in person. "I showed up. I filled out the form. I followed the rules, but just showing up has to be allowed to look different for families like mine," she said.
Jessie Ferris Cunningham, who identified themself as a disabled Newberg resident, told the council that asking constituents to disclose disability status in order to be heard amounts to "gatekeeping dressed as legalese." Cunningham warned that removing explicit ADA language from the development code could make it harder for local advocates to cite or enforce accessibility expectations. "ADA standard should never be treated as implied. They should be named, upheld, and exceeded," Cunningham said.
Siegel and other staff responded that removing the zoning reference does not eliminate ADA protections but avoids contradictory enforcement pathways: compliance is applied explicitly in the state building code and the city's engineering design standards, where grades, widths and other technical specifications are set and enforced by building inspectors and plans examiners.
The council's roll call for each ordinance recorded votes as follows: Councilor McBride — yes; Councilor Wheatley — yes; Councilor Yarnell Holloman — yes; Councilor Kilberg — yes; Mayor Rosacker — yes; Councilor Torgerson — yes. Both motions passed unanimously.
Next steps: staff will finalize ordinance language and publish the updated code; the council waived second readings on both measures and directed staff to continue outreach on implementation details and where to find engineering standards.
